Beaumont Wrongful Death Lawyer

Beuamont Wrongful Death Litigation

Type of Wrongful Death Lawsuits

Steps to take if you suspect wrong death in Beaumont

Here are just a few of the things that we can do for you:

There are a few things to handle right away after you suspect your loved one has been a victim of wrongful death. Start by ensuring you have filed a police report as soon as possible as this will become important evidence down the line in your case. This is because the police report includes essential details regarding the incident such as the date and time this took place, what happened exactly during this time, people present during the incident, and what video or photographic evidence exists of the event. After filing a police report with the Beaumont police department, consult with an experienced attorney and ensure you are telling them every last detail involving the incident. Use this time to ask your attorney any questions about your case or the process of filing for wrongful death in general. It is wise to be fully aware of what is happening in your case, your attorney will help make sure you are knowledgeable. Here are the basic steps taken in the legal process of a wrongful death lawsuit:

• Free consultation/case evaluation - Schedule a free consultation with an experienced Texas wrongful death attorney so that they may properly access your case. Make sure to provide every detail involving this incident so that they can represent you to the best of their ability. They will inform you if you have a valid case for wrongful death and what they will need from you.
• Investigate- Your attorney will conduct an investigation to identify any potentially liable parties and collect evidence of their carelessness during the incident. This may require resources such as medical and accident reconstruction experts. A skillful attorney will be able to properly connect you with each of these resources.
• Calculate damages- Calculating your losses is the next step towards filing a wrongful death claim, this information lets you know how much you are able to seek for damages.
• Draft and file the complaint- Your attorney will begin drafting the complaint. This is a legal document filed with the court and will mark the beginning of your case.
• The pre-trial process-This involves conferences with the defendants, discovery period of exchanging evidence and file motions and negotiations, etc. This is the longest step of the process of filing for wrongful death.
• Negotiating settlements- Your attorney may use information gathered during the discovery period to prove to the other party that your case will win in court. This leads to defendants willing to settle outside of court to avoid losing or paying more as a result of the trial.
• Jury Trial- If no settlements are made, this case will proceed in front of a jury or a judge.

Wrongful Death Fatality Recovery in Beaumont Texas

Texas state laws limit who may file for wrongful death. The only family members that are able to take this action are:

• A legally married spouse
• Children
• Parents

A wrongful death attorney can answer any questions you have involving the rules of recovering damages in wrongful death cases.

Death of a family member impacts each relative in a different way, the court is aware of this and will decide the proportion of loss for each family member. Claimants divide the damage award in proportion to their percentages of loss. It can be helpful to have legal assistance during this process to avoid issues that may come from this divide. They will have the knowledge and experience to ensure fairness for the family members in more complicated situations. It is also possible in cases where the death was intentional that the family receives punitive damages from this case as well. Ask your attorney if this is something you may be eligible for.

Damages that may be recovered in wrongful death cases may include:

• Funeral expenses
• Loss of inheritance
• Emotional support services
• Loss of companionship
• Mental anguish, grief, and suffering
• Out of pocket related expenses
• Loss of support for help with childcare and household duties

Survival Actions

The state of Texas allows for the estate of the person who was killed to collect compensation for conscious pan and suffering as well as punitive damages. These are awards of money that are not to compensate the victim or their family, these are damages to punish whoever caused the accident. The victim may collect if it can be proved this person lived for a period of time after sustaining these injuries. This is referred to as “survival actions.”

Texas Worker Death Lawsuits

The maximum death benefit paid is $861 a week and is paid until the spouse passes unless they decide to remarry. It is then limited to 104 additional weeks during this marriage. If death is caused by some other person and not the employer, the family of the worker may file a lawsuit against another contractor and sue for wrongful death. A wrongful death claim is not limited by worker’s compensation as long as the worker is employed by the party who is being sued.

Why File a Wrongful Death Claim?

There are many reasons to file a wrongful death claim, some you may not have even thought about. If you have lost a loved one due to the negligence of another, do not hesitate to collect the compensation your family deserves.

Filing a wrongful death claim can help you receive the money you need to cover funeral expenses, replacing the wages your loved one would have received if they survived, or even compensation for the loss of companionship. Filing a wrongful death claim can help you to cope with the mental and emotional exhaust of losing a spouse, child, or parent. You and your family are not in this alone.

Why you should contact a wrongful death attorney:

Contacting the right wrongful death attorney here in Beaumont is one of the most important things you can do at a time like this. Losing a loved one too soon is hard enough on its own, let an expert attorney handle the legal frustrations so that you and your family may heal. Wrongful death attorneys handle a number of tasks and make the entire process of a lawsuit less complicated for you. Wrongful death attorneys offer advice and information, they understand the legal process, can help save both time and money, an attorney knows the value of your claim, they provide support and they will take your case to trial.

Statute of Limitations in Beaumont Texas

A wrongful death lawsuit in Beaumont Texas must be filed within two years of the family member’s passing. If you wait too long to file a claim, you may lose eligibility to seek any compensation for this incident. This is why it is important to speak with an attorney as soon as you can following the passing of your loved one. You must allow time for the attorney to properly investigate and bring forward the case. There are a few exceptions to the two-year limitation including:

• The plaintiff of the wrongful death lawsuit is a minor.
• Negligence of the named defendants was not known.
• Fraud
• Mental or physical impairment of the plaintiff kept him/her from filing during the 2-year period

In order to receive compensation, negligence of defendant must be proven. The following are factors that determine the negligence:

• A legal duty owed
• A legal duty breached
• Breach of duty caused injury
• Monetary damages that occurred

More Information

Some location-specific wrongful death content can be found in the links below:

• Austin, TX
• Dallas, TX
• Houston, TX
• Las Vegas, NV
• San Antonio, TX
• New Mexico